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Declaratory Statements ... Request for Declaratory Statements

 

This page uses Adobe Acrobat Reader, Version 6.0 to view Declaratory Statements.

Mail Hard Copy To:

Mail Request for Declaratory Statements to Paula Ford, 2555 Shumard Oak Blvd., Tallahassee, FL 32399

CD Copy Requested, but NOT Required

Please submit an electronic copy of the Declaratory Statement and associated documents, in addition to a hard copy. Although not currently required by the rule, electronic filing will facilitate the Commission's movement toward utilizing CD technology to review at the meetings. Failure to submit electronically will NOT have any bearing on whether the petition is heard by the Commission.

What is a Declaratory Statement?

A declaratory statement is the administrative process by which the commission resolves controversy or answers questions concerning the applicability of a statute, rule, or order, to a particular situation.

Commission Declaratory Statement Process

1) Review of Petition - Appropriate TAC or POC and legal staff review, including consideration of public comment, and recommendation to the Building Commission.

2) First Hearing - Commission Review and Proposed Action - Recommendation by TAC/POC or legal staff, Commission questions, and public comment, i.e., petitioner's rationale/comments, general public comment, and petitioner's response to posted public comment. The next segment includes questions from the Commission members (through the Chair), with motion and second on the petition for proposed action. Finally, a discussion by the Commission only, followed by a Commission vote for proposed action to be considered at the Commission's next plenary meeting. The Chair may refer back to TAC/POC for additional review and recommendations at the next Commission meeting.

3) Second Hearing - Commission Action on Petition - Commission review of the previous proposed action, additional public comment, motion and second on the petition, discussion by Commission only, and final vote/action by the Commission on the motion.

 

How to Request a Declaratory Statement

Click on the following links to read about the use and purpose of Declaratory Statements. The second page of the Uniform Rules for Declaratory Statements shows instructions for how to properly fill out each section of the Petition.

Requests for Declaratory Statements

Commission Draft Responses for Public Comment will be finalized at the next Commission Meeting.
All Proposed Commission Actions contain Staff Analysis, Committee Recommendations and Commission Drafts.

Date Received

Description

Dec. Number

Proposed Commission Action

September 2005
09/14/05

Thomas J. Baird, Esquire, on behalf of the
Okeechobee County Board of County Commissioners, County Administrator George Long and
Building Official Arnold Verwey regarding whether the use of 7/16 inch oriented strand board
applied over the exterior walls of a manufactured building regulated pursuant to Part I, Chapter
553, F.S., is an exception to the requirement for a moisture barrier on exterior walls pursuant to
s. 2303.3(A), Florida Building Code, Building Volume (2001, as amended 6/03).

DCA05- DEC-173
Pending 1st Review
August 2005
08/08/05

GrayStone of Florida, Inc. regarding whether decorative cementitious coating is subject to product approval pursuant to Rule 9B-72, Fla. Admin. Code.

 


DCA05- DEC-159
Pending 1st Review
08/16/05 WCI Communities, Inc., regarding the
requirements of sections 506.1, 506.3 and 506.4, Florida Building Code, Building Volume
(2004) and the area increase credit for sprinkler systems installed in accordance with NFPA 13
and NFPA 13 R.
DCA05- DEC-162
Pending 1st Review

July 2005

07/28/05

William Shoolbred, Elixir Industries, regarding the application of Rule 9B-72, Fla. Admin. Code, to petitioner’s product, a roof-over system made of aluminum.

 


DCA05- DEC-151
Pending 2nd Review
07/20/05

Stoughton Homes, Inc. regarding whether sprinklers are required on single family residential buildings greater than three stories pursuant to s. 324.1 of the Florida Building Code, Residential Volume (2004).

 


DCA05- DEC-142
Pending 2nd Review
07/18/05

Stoughton Homes, Inc. relating to s. 302.2, Florida Building Code, Residential Volume (2004) and whether or not openings are permitted on an exterior wall facing a zero lot line with a 10 foot separation between buildings.

 


DCA05- DEC-136
Pending 2nd Review
07/11/05

Vipin N. Tolat, P.E., relating to the requirements
of Rule Chapter 72, Fla. Admin. Code, and the interrelation of parties performing evaluations,
quality assurance and validations.

 


DCA05- DEC-135
Pending 2nd Review

June 2005

06/17/05

Karins Engineering Group, Inc. relating to s. 1610
and 1612 of the Florida Building Code, Building Volume, (2001, as amended June, 2003) and s.
1604.3 and 1613 of the Florida Building Code, Building Volume (2004) as they pertain to
composite aluminum/fiberglass translucent panels used in skylights, translucent panelized wall
and window applications that do not support brittle components finishes or other items.

 


DCA05- DEC-113
Pending 2nd Review
06/03/05

State Farm Florida Insurance Company regarding the application of sections 3401.7 and 103, Florida Building Code, Building Volume (2001, as amended June, 2003) to replacement of a storm damaged roof.

 


DCA05- DEC-095
Pending 1st Review
06/02/05

American Forest & Paper regarding the minimum thickness of wood structural panel sheathing for roofs of one and two-family dwellings pursuant to Florida Building Code, Building Volume or Residential Volume (2004).

 


DCA05- DEC-094
Pending 1st Review

May 2005

05/20/05

Walker Parking Consultants regarding the application of sections 1607.9 and 406.3.6, Florida Building Code, Building Volume (2004) to passenger facility garages.

 


DCA05- DEC-089
Pending 1st Review
05/18/05

John L. Clinton, Class 1, Inc. regarding the addition of ASTM D6380 applicable in the State of Florida pursuant to the Florida Building Code, Building Volume (2004), section 1507.3.3.

 


DCA05- DEC-088
Pending 1st Review

April 2005

March 2005

06/02/05

American Forest & Paper regarding the minimum thickness of wood structural panel sheathing for roofs of one and two-family dwellings pursuant to Florida Building Code, Building Volume or Residential Volume (2004).

 


DCA05- DEC-094
Pending 1st Review

Febuary 2005

02/28/05

John Alford, P.E., regarding whether an engineer of record is required to submit sprinkler head locations, cross main and branch line layouts for the general building permit pursuant to Rules 61G15 – 32.002 – 32.004, Florida Administrative Code, and Section 104.3.1.1, Florida Building Code, Building Volume (2001, as amended June, 2003).

 


DCA05- DEC-042
Pending 1st Review
02/17/05

Broward County Board of Rules and Appeals regarding whether a single wall separating a town home unit is required to be defined as an exterior wall subject to wind and water intrusion pursuant to s. 704.4.2, Florida Building Code, Building Volume (2001 as amended 6/30/03).


DCA05- DEC-038
Pending 1st Review
02/11/05

Florida Propane Gas Association regarding the application of Ch.13, Florida Building Code, Building Volume (2001 as amended 6/30/03) to tankless water heaters.

 


DCA05- DEC-034
02/10/05

Collier County Fire Control & Rescue Districts regarding relative authority of a Fire Official and Building Official pursuant to §§ 553.73 and 553.79(2), F.S.


DCA05- DEC-035
Pending 1st Review
02/09/05

Stephan Manufacturing regarding the composition of return air grills pursuant to s. 603.15, Florida Building Code, Mechanical Volume (2001 as amended 6/30/03).


DCA05- DEC-032
Pending 1st Review
02/09/05

Gresham Smith and Partners on behalf of Tampa International Airport regarding interpretation of the term “stand alone garage,” pursuant to s. 553.895, F.S., when the garage in question includes elevators, lobbies and toilet rooms.

 


DCA05- DEC-31
Pending 1st Review

January 2005

01/11/05

City Glass & Mirror, Inc. regarding criteria for local amendments to the Florida Building Code and requirements for impact resistance of exterior openings above 60 feet in high velocity wind zones.

 


DCA05- DEC-010
Pending 1st Review

December 2004

12/30/2004

A & A Arnold Associates, Inc. regarding renewal fees for products pursuant to Rule 9B-72.090(2)(a), Fla. Admin. Code.


DCA04- DEC-257
Pending 1st Review

October 2004

10/04/2004

The Bilco Company inquires regarding whether Rule 9B-72.005, Fla. Admin. Code, requires product approval of roof access hatches or roof scuttles.

DCA04- DEC-195
Pending 1st Review
10/06/2004

Lake Square Aluminum, Inc. inquires regarding whether Articles 250 and 545, National Electric Code, require the installation of a grounding rod on a screen room enclosure.

DCA04- DEC-196
Pending 1st Review

September 2004

09/01/2004

City of Coral Springs, Building Division, regarding whether electrical permitting and an inspection on a satellite dish installation is required by the Florida Building Code.

DCA04- DEC-171
Pending 1st Review
09/20/2004

Unincorporated Palm Beach County - Building Division, inquires regarding whether an interpretation of Section 1816.1.7, Florida Building Code, requires a signed contract for a minimum of five years.

DCA04- DEC-188
Pending 1st Review
09/29/2004

CBS Builders Supply inquire regarding whether Rule 9B-72 or Rule 9B-1, Fla. Admin. Code, allows for the installation of house wrap weatherization products on wood exterior walls intended for site built homes and constructed in a manufacturing plant.

DCA04- DEC-192
Pending 1st Review

August 2004

08/20/2004

Suncoast Post-Tension inquires regarding whether live load reduction according to the Florida Building Code is permitted in the design of a two way flat post-tensioned slab.

DCA04- DEC-165
Pending 1st Review
08/18/2004

Palm Beach County - Building Division inquires
regarding whether it is acceptable to indicate a higher allowable design pressure than tested on
certain smaller windows without testing.

DCA04- DEC-163
08/17/2004

Palm Beach County - Building Division inquires
regarding whether a roof access hatch falls under a category of products covered by the Product
Approval Rule 9B-72, Fla. Admin. Code.

DCA04- DEC-161
08/9/2004

Assa Abloy Group regarding whether the components described in the petition are subject to Product Approval pursuant to Rule 9B-72.060(2), Fla. Admin. Code.

DCA04- DEC-157

July 2004

07/28/2004

Collier County Fire Control & Rescue Districts inquires regarding clarification of what items shall be included pursuant to Section 104.4.1.3, Florida Building Code, when discerning whether a fire detection and alarm system costs exceed $5,000.

DCA04- DEC-147
Pending 1st Review
07/09/2004

Palm Beach County - Building Division inquires regarding whether the Florida Building Code wind load requirements apply to individual sides/top panels in metal buildings.

DCA04- DEC-145
Pending 1st Review

June 2004

06/26/2004

Stephen P. Maslan & Co., with regards to whether or not American Steel Span Quonset Hut Metal Buildings fabricated falls under any of the sub categories of Rule 9B-72, Florida Administrative Code.

DCA04- DEC-123

May 2004

05/26/2004

Fenestration Manufacturers Association, Inc. regarding the requirements for local and state approval of windows and doors including evaluation, testing, certification and validation pursuant to Rule 9B-72, Florida Administrative Code, and 553.842, Florida Statutes.

DCA04- DEC-117
05/12/2004

Palm Beach County - Building Division regarding Section 706.3, Florida Building Code, Plumbing Volume (2001, as amended 7/1/2003) and the application of offset closet flanges for use in connecting a water closet to a sanitary drainage pipe.

DCA04- DEC-110
05/12/2004

Structural Systems, Inc. regarding the appropriate exposure category of a structure under Section 1606.1.8, Florida Building Code, Building Volume (2001 as amended 7/1/03).

DCA04- DEC-109
05/11/2004

Tamtech Services, Inc., with regards towhether an identified and described product complies with the requirements of Section 424.2.6.6.4 of the Florida Building Code, Building Volume, (2001, as amended 6/03).

DCA04- DEC-108
Withdrawn

April 2004

04/30/2004

Mitchell and Associates regarding whether Section 1003.3.1, Florida Building Code, Plumbing Volume, requires a grease trap and grease interceptor to be located in a bar that has no food service facilities.

DCA04- DEC-090
Dismissed 06/04
04/05/2004

Building Code Solutions regarding the design of a
raised concrete support for the threshold of a sliding glass door used as an exit door.

DCA04- DEC-077

March 2004

03/09/2004

All Broward Hurricane Panel, Inc., regarding statewide product approval and the need to submit signed and sealed drawings each time it
wishes to submit for a permit from a local jurisdiction.

DCA04- DEC-051
03/15/2004

Lisa Blackstone, V.P., Close It!, L.L.C. regarding a determination whether the Automatic Sliding Glass Door Closing System is a Structural Component under Rule 9B-72, Florida Administrative Code.

DCA04- DEC-066
03/19/2004

John K. McCall, Ph.D., P.E., regarding requirements for protection of glazing from wind borne missiles for a structure designed as partially enclosed.

DCA04- DEC-067
03/23/2004

Palm Beach County regarding numerous questions concerning the application and interpretation of Rule Chapter 9B-72, Florida
Administrative Code.

DCA04- DEC-069
03/25/2004

Ruffin Building Systems regarding the application of Rule 9B-72.010, Fla. Admin. Code, to pre-engineered metal building roof and wall panels.

DCA04- DEC-070
03/26/2004

National Engineering Corp., regarding the sizing of grease interceptors installed in restaurants.

DCA04- DEC-072
03/29/2004

Gil Hyatt Construction regarding detectible
warning surfaces and curb ramps in an accessible path of travel.

DCA04- DEC-074

February 2004

02/13/2004

Sarasota County regarding the inspection and testing of backflow prevention devices and assemblies.

DCA04- DEC-040

December 2003

12/05/2003

KAMM Consulting, Inc. regarding requirements of the Florida Building Code as they relate to a building space above the ceiling and below the roof and whether that space can be conditioned if sufficient insulation is applied to the underside of the roof sheathing and the ventilation requirements of the Code as they apply to such a space.

DCA03- DEC-325


Finanalized Declaratory Statements


Search the Building Code Information System for finalized Declaratory Statements.

 

 
 
   

 

 
 
   

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